Medical Malpractice at Shawnee Mission, KS Hospitals
Posted in Lawsuit on January 9, 2020
Hospitals hold the responsibility to treat us at our most vulnerable. We trust the doctors, nurses, and other medical professionals to provide us with a certain standard of care so that we can heal in a safe and timely fashion.
We do not expect these facilities and these specialists to harm us in any way – but in some cases, we are not so lucky. Medical malpractice can occur anywhere, including hospitals in Shawnee Mission, Kansas. However, our Kansas City personal injury lawyers can hold the hospitals responsible for our injuries accountable through a lawsuit in civil court.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, hospital, or other medical professional causes injury to a patient, either through an act that was negligent or the omission of act during the course of care. After suffering an instance of medical malpractice, you may experience additional injuries, a worsening illness, and many other types of physical, emotional, and financial damage.
Medical malpractice can take on many forms, including but not limited to the following.
- Misdiagnosis of a condition
- Failure to diagnose a condition
- Surgical errors
- Anesthesia errors
- Prescribing the wrong medication or the wrong dosage
- Defective medical products
- Birth injury
- Improper aftercare
In the state of Kansas, you can hold the individuals and facilities responsible for medical malpractice liable through a lawsuit in civil court. You will need to file the claim within two years from the date of the injury or the date that you should have reasonably discovered the injury.
Holding a Hospital Accountable for Medical Malpractice
When you file a medical malpractice lawsuit, you will need to name the parties responsible for your injuries. While there may be a specific individual or group of individuals at-fault in the claim, you can also hold the hospital where the malpractice occurred liable under certain circumstances.
However, just because an act of negligence occurred at the hospital, it does not mean that you can hold the facility responsible. You have to make sure that your case falls under one of the following circumstances in order to name a hospital as an at-fault party in your lawsuit.
- If the doctor or medical professional directly responsible for the malpractice was an employee by the hospital, you can likely hold the hospital liable in your claim. However, not all staff members are employees – many of them are independent contractors who operate out of the facility.
- If the professional is an independent contractor, you will have to determine whether or not the hospital appeared to be his or her employer. Usually, hospitals make this clear to patients by noting this distinction on admission forms. If the hospital did not do so, you may be able to file a claim against the facility.
- If the doctor or medical professional is an independent contractor, you can also hold the hospital liable if the doctor was obviously incompetent or dangerous and the hospital continued to employ him or her regardless. If the hospital knew about the incompetence or should have known about it, you can likely hold the facility accountable.
Hospitals in Shawnee Mission, KS
Shawnee Mission is home to one hospital: AdventHealth Shawnee Mission. The municipality is also within driving distance of several other hospitals and medical centers in cities such as Kansas City, Overland Park, and Olathe. While we may trust these facilities to provide us with emergency care, an act of malpractice can still occur on their premises – and the Kansas City medical malpractice attorneys at Fowler Pickert Eisenmenger Norfleet can help.
The skilled attorneys at our Missouri law firm have significant experience assisting residents of Shawnee Mission and the surrounding areas with filing lawsuits against doctors, nurses, and hospitals as a whole after suffering from an injury or worsening illness. We will work closely with you from consultation to settlement to increase your chances of obtaining the best possible outcome. Contact us today to discuss your legal options and to plan your next steps.